Confidentiality warning on ICAC

Bruce Lander said there was a fine line on what could be said about ICAC matters

The man who will become South Australia's first independent commissioner against corruption has warned people could be prosecuted if they speak publicly about matters which are before the Commission.

Federal Court judge Bruce Lander officially takes up the role as head of the Independent Commission Against Corruption from September.

SA's new authority will be one of the most secretive in Australia as it will not hold any public hearings.

Judge Lander said once the Commission started its work people would not be able to talk publicly about matters referred for investigation.

"I think it's important that people know that before the act comes into force in September so that they don't inadvertently breach the act," he said.

"The act does provide that a complainant should not make known publicly the fact of the complaint or the person about whom the complaint is made."

When the ICAC comes into operation, publicly stating that a matter will be referred or presented to the Commission will be in breach of section 56 of the act, with corporate fines of up to $150,000 or $30,000 for individuals.

Fine line

Judge Lander said there was a fine line between suggesting something should be investigated and stating it would go to investigation.

He said there were several reasons investigations should not be publicised, including not alerting people they were under investigation, protecting the public image of those under scrutiny until prosecution and avoiding misuse of the act.

"Experience in Queensland showed that politicians were reporting each other to the CMC (Crime and Misconduct Commission) and stating the other person was under investigation," he said.

Judge Lander said he expected to be flat out with work once his role formally started.

"I think we'll be very busy after the office starts. I think there'll be a lot of people who want to bring matters forward that perhaps they've been concerned about for years, so I think we'll be very busy early," he said.